Michael Donsky | Employment Lawyer | Fogler, Rubinoff LLP

Michael Donsky

Partner

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PROFILE

Michael practices in our brokerage liability and employment litigation groups and he has litigated defamation matters. He is an experienced civil litigator having been called to the bar in 1992.

His practice has a particular focus on broker liability litigation and employment law matters. Michael has also acted as lead counsel on matters before the Ontario Superior Court of Justice, the Court of Appeal for Ontario and the Supreme Court of Canada. As well he has appeared on administrative matters involving the Mutual Fund Dealers Association, the Investment Industry Regulatory Organization of Canada, The Financial Services Commission of Ontario, the Chartered Professional Accountants Ontario and the Ontario Securities Commission.

He has acted and advised on employment matters involving Employment Standards, Human Rights and wrongful dismissal claims (both employee and management side). As well, in the regulatory area, he has acted on behalf of both dealers and individual registrants. Michael has acted on matters before the Human Rights Tribunal of Ontario.

He has also acted in a variety of areas including securities, regulatory enforcement and professional negligence.

Michael represents registrants in proceedings before provincial securities commissions, self-regulatory organizations and the courts. He has advised corporations and individuals involved in proceedings before provincial securities commissions and in general employment matters.

Michael has successfully resolved numerous litigation claims through trial and appeal and Michael has successfully resolved many more claims, both litigation and regulatory, through mediation and negotiation.

Industry Groups

Representative Work

In the Matter of Daniel Tiffin

Lead Counsel, 2012Successfully represented client regarding various allegations before the Financial Services Commission of Ontario including allegations of misleading the Superintendent and FSCO, providing false and misleading documentation making false statements in support of false documentation. In the end, FSCO agreed to drop all of the charges against the accused.

Ndex Systems Inc. v. Kenneth Aquino and Marjorie J. Hull

Lead Counsel, 2011Successfully brought a motion for summary judgment dismissing the plaintiff's action. The claim included allegations of actions contrary to the Fraudulent Conveyances Act, the Assignments and Preferences Act and of conduct alleged to be oppressive under Section 248 of the Ontario Business Corporations Act. Successfully responded to an appeal of that decision.

In the Matter of Matthew Scott Sinclair

Lead Counsel, 2009Successfully negotiated with OSC Staff a settlement of the allegations against Mr. Sinclair including allegations that companies of which Mr. Sinclair was Chairman, President, and Chief Executive Officer, or of which he was the directing mind engaged in: breach of a cease trade order; offering securities without a prospectus and conduct contrary to Ontario Securities Law and the Public Interest.

In the Matter of Goldbridge Financial Inc., Wesley Wayne Weber and Shawn Lesperance

Lead Counsel, 2009Successfully negotiated with OSC Staff a settlement of the allegations against Mr. Lesperance including assisting the trading of securities in the Ontario markets without having registered under the Securities Act and while not being registered to trade in securities or act as an advisor under s. 25(1) of the Act.

Ingram Micro ats Andrew Kieran

Lead Counsel, 2004Successfully resisted an appeal from a trial judgment and established the priority of wording of express option agreements over the effect of a notice payable on a constructive dismissal; won at trial, court of appeal and resisted motion for leave to Supreme Court of Canada

Lannick Associates et al. ats. Robert Half Canada Inc.

Lead Counsel, 2004Successfully overturned an interim injunction that had been obtained against clients restraining them from acting in breach of purported restrictive covenants

Publications

Michael wrote an article for the Ontario Physiotherapy Association outlining some of the legal and practical issues surrounding "ownership" of clients and various types of restrictive covenants including Non-Competition Clauses, Non-Solicitation Clauses, Non-Acceptance Clauses. The article also contains a discussion about enforceability issues with each type of clause and in what circumstances each might be appropriate.

Speaking Engagements

June 2018: Presentation: “Cannabis in the Workplace: Are the old rules up in smoke?” for WP Financial Annual Conference in Niagara Falls, Ontario.

September 2017: Prepared presentation for IPC Financial National Fall Conference in St. Johns, Newfoundland– “Symptoms of Dementia and Financial Abuse Prevention in Seniors.”

September 2015: Prepared presentation for IPC Financial National Fall Conference in Vancouver British Columbia – “The Vulnerable Investor. The Vulnerable Advisor. Best Practices when dealing with the "Senior Investor": Protect the client, Protect Yourself.

Innovate, Learn, Evolve - "The Independent Contractor Physio Therapist", 2007, Ontario Physiotherapy Association 2007 Conference. Michael Presented a seminar as part of a panel outlining the benefits and pitfalls of setting up a physiotherapist as an independent contractor, dealing with the legal test relating to independent contractor relationships and various contractual terms that might be beneficial to either the physiotherapist or the clinic owner.

"The Low-Down on Employment Law," an overview of employment law issues as they impact on small businesses.

"Civil Liability in the Secondary Markets," an overview of the Ontario legislation, comparative U.S. experience, the due diligence defence and disclosure policy.